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28th June 2008
Recently switched from npower to British Gas and at the time was on a pre payment meter with a card meaning if there was no prepaid credit on meter for gas or electric we had to purchase more or use the £5 emegency credit which was repaid when next top etc.
When we switched British Gas were to supply a meter reading to npower to end the account. British Gas sent them an estimated reading which was wrong and this meant that npower say we owe them £80.21 LMFAO a physical imposibility as we were on a pre-payment meter FFS or so I thought. The account has now been passed onto Debt Managers Ltd.
I contacted npower on around 15th May following one of their threat letters and told them I owed the jack and even gave them the correct meter reading at the time an they said they needed it from British Gas so when they recieved it from them they would amend the account details.
Just phoned npower and said I dipute this debt as I paid up front for electricity and when this was used up either used emergency credit (£5) or paid for more elcetricity using the smartcard. If emergency credit was used it was collected back from the money put onto card.
They resonded by saying among other things "we have had problems with meters not charging correctly and this meant units were charged wrongly. We will investigate this and put a hold on the account which will recall the account from the Debt Collection Agency and it will be returned to us here."
My response to this was "well if the equipment you were using was sub-standard and didn't work properly they thats not my fault and I suggest you sort out your problems with your equipment. I am not paying for your mistakes that the whole point of a pre-payment meter isn't it?"
She then said that "npower is now switching meters to newer better meters."
I told her to little too late as far as I am concerned. I am going to be contacting energywatch http://www.energywatch.org.uk and make a formal complaint about this. After loosing my rag with her for a bit I told her "I hope your recording the telephone conversation as I will be requesting it under the DPA and will be sending you a Subject Access Request.
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28th June 2008
Just done an online complaint with energywatch
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30th June 2008
Energywatch letter recieved as a word doc attachment via email today:
30 June 2008 Ref: 1679195 / Mark Allen
Dear Mr TANZARELLI
Thank you for details of the problems you have experienced with npower.
I have written to the company asking them to investigate your complaint and to contact you direct in order to resolve the issue. I have asked that they do so within ten working days.
As part of the proposals to modify complaint handling in the energy industry, the Energy Ombudsman (EO) has been set up to resolve outstanding disputes. Providing you have progressed the matter through the energy supplier’s complaints process, you can submit your complaint direct to the EO, which is a free and independent service to all consumers.
I should add that the EO has the authority to determine the resolution to your complaint, which would be binding on the energy supplier. Furthermore the energy supplier would be required to respond to the EO within a prescribed timeframe that would ensure you receive a timely outcome to your complaint.
Should you fail to receive a satisfactory response from your supplier within the next ten working days I suggest that the next course of action is for you to take your complaint direct to the EO who can investigate it for you.
There are a number of ways that you can take your complaint to the EO:
By post to:
Energy Ombudsman
PO Box 966
Warrington
WA4 9DF
Or by (see overleaf):
Telephone: 0845 055 0760 or 01925 530263
Fax: 0845 055 0765 or 01925 530264
Textphone: 180010845 051 1513 or 18001 01925 430886
email: enquiries@energy-ombudsman.org.uk
Website: http://www.energy-ombudsman.org.uk
The Ombudsman will check to see that your complaint falls within its jurisdiction and will write to you confirming this, and seek your permission to independently investigate your complaint.
However, please let me know if you feel I can be of any further assistance.
Yours sincerely
Mark Allen Ext 519
Consumer Adviser
0845 906 0708
southern.enquiries@energywatch.org.uk
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30th June 2008
Right as an update. Online form done saturday and energywatch reply emailed to me today. Partner had a call from Npower this evening when I was at work and the women gave my OH a freephone number for me to call them back 08003161492 as well as an extention number.
Well that didn't take long did it following energywatch involvement. Not had chance to ring them yet will do it in the morning.
------------------------------- merged -------------------------------
1st July 2008
Just had a call from npower who offered to knock £40 off the outstanding bill (their fault) of £80.21 leaving a balance of £40.21 to pay.
Had another deep debate about htis with their complaints dept and said I was still not happy and so will now be refering the matter to the EO (Energy Ombudsman).
I am not backing down on this as its their fault for nt having adequate equipment in place which they have admitted was faulty on two sperate occassions now.
Grrrrrr
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12th July 2008
Right had another letter from Debt Managers Ltd re this npower mistake which I am refusing to pay. I had not got around to complaining to the Energy Ombudsman until I recieved the new letter from DM. They are still asking for the full amount of £80.21 even though npower had offered to reduce the debt by £40. Thi soffer was however not accepted by myself and npower were told that I would be contacting the EO.
As far as I am concerned the account is still in dispute and so I today filed a complaint with the EO and have a reference number for this complaint.
I have knocked up the following letter to DM to get them to back off until we have an outcome from the EO. It reads:
Debt Managers Ltd
12 Hope Street,
Edinburgh
EH24DB
12th July 2008
Re: Npower Ltd
Your Client Reference: 486479**
Your Ref: 44748***
Dear Sirs,
Thank you for you letter of 7 July 2008 the contents of which have been duly noted.
As you will be fully aware from my previous telephone conversations to yourselves and that due to the fact that Npower also put a freeze on the account until this matter was resolved, I fully dispute the amount owed.
On the 28th June 2008 I complained to Energywatch who acknowledged my complaint on 30th June 2008 stating that they were writing to Npower to ask them to investigate. On 1st July I had a phone call from Npower who offered to reduce the debt by £40 leaving £40.21 allegedly still owing. As you will no doubt have been informed I have declined their pathetic offer and will now only be happy if the debt is totally wiped and that I am reimbursed for the actual losses I have suffered as a direct result of Npowers’ incompetence. At the end of this telephone conversation I informed Npower that I was still not happy and that I would now be forwarding my complaint to the Energy Ombudsman, which is my right, therefore today I have lodged an online complaint with the Energy Ombudsman.
I do not expect to receive any further correspondence from you in regards to this matter unless you wish to apologise for mistakenly believing that you can collect a debt when it is being disputed. I suggest you re-read the following guidance from the Office of Fair Trading (OFT) as you are now in breach of the OFT664 Debt Collection Guidance (July 2003).
In this guidance it states:
False representation of authority and/or legal position
2.3 Those contacting debtors must not be deceitful by misrepresenting their authority and/or the correct legal position.
2.4 Examples of unfair practices are as follows:
a. falsely implying or claiming authority,
b. falsely implying or stating that action can or will be taken when it legally
cannot,
Physical/psychological harassment
2.6 Examples of unfair practices are as follows:
h. ignoring and/or disregarding claims that debts have been settled or are
disputed and continuing to make unjustified demands for payment
Deceptive and/or unfair methods
2.8 Examples of unfair practices are as follows:
i. failing to investigate and/or provide details as appropriate, when a debt is
queried or disputed, possibly resulting in debtors being wrongly pursued
k. not ceasing collection activity whilst investigating a reasonably queried or
disputed debt.
In addition to this I believe Npower is also in breach of:
2.8 (2)
f. passing on debtor details to debt management companies without the
debtors' informed prior consent.
I must make you fully aware that any legal action you choose to take will be both vigorously defended and may even result in a counterclaim for damages as your client has already admitted to this being a mistake.
May I also point out that I have also requested from Npower a breakdown of this alleged debt which they have not provided me with. Please note that this breakdown needs to be in an understandable format as may be needed for any defence and or counterclaim I may consider.
Please now also see the attached CPR request and give this your full attention as you have now threatened legal action.
I trust this clarifies my position.
TANZARELLI
------------------------------- merged -------------------------------
Sent with this:
Debt Managers Ltd
12 Hope Street,
Edinburgh
EH24DB
12th July 2008
WARNING:
THIS IS A REQUEST UNDER THE CIVIL PROCEDURE RULES.
PLEASE DO NOT IGNORE.
Client: Npower Ltd
Client Ref: 486479**
Your Ref: 44748***
Alleged Amount Due: £80.21
In your recent letter dated of 7 July 2008 you have indicated that "your failure to respond to previous letters has resulted in your account being passed to this department for Court Action and our Solicitors may prepare Court Papers within seven days." should I not respond to your letter and pay the alleged debt which I must point out I do not acknowledge in any way to your company.
Should you not take the sensible option and abide by my instructions as outlined in my other enclosed communications, then your notice will be drawn to this part.
Given that this matter is now subject to a potential legal proceeding, you are obliged to provide, under the Civil Procedures Rules, information to ensure that all parties are on an equal footing, and also to ensure the claim is dealt with expediently and fairly, avoiding an unnecessary burden to the court's resources.
Under the Pre-action Practice Directions - Protocols 4.6 of the Civil Procedures Rules, I request that you supply copies of the following documents:
1) A true copy of any contract with your client and any terms and conditions that applied to the account at the time this alleged debt arose and at the time the account was opened.
2) All records Debt Managers Ltd hold on me relevant to this case, including but not limited to;
a) Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations.
3) All records your client Npower Ltd hold on me relevant to this case, including but not limited to;
a) A transcript of all transactions relating to the pre payment meter which was in place at my address during the time I was with Npower Ltd, including any service charges, fees, payments and credits which I made to the account and a breakdown in an understandable format of how the electricity was charged to the meter,
b) Information as to how the alleged debt has arisen and copies of any letters that were sent to me informing me that there was a problem with the account and that the equipment was making mistakes,
c) Copies of account statements that were sent to me by Npower Ltd for the entire duration of the account,
d) Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations.
e) True copies of any notice of assignment and/or default notice or enforcement notice that you sent to me or that the original creditor sent to me with a copy of any proof of postage that you hold.
f) Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.
g) A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998.
h) A list of third party agencies to which you or your client have disclosed my personal data and a summary of the nature of the information you have disclosed.
This information is required within the next fourteen days.
I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to deny me the opportunity to review my position in relation to your claim of alleged money owed and any possible counter-claim.
Please note that, as you have initiated this action, failure to respond to this letter will place this account further into a clear legal dispute and as such you may not:
1) demand any payment on the account, nor am I obliged to offer any payment to you.
2) add any further interest or charges to the account.
3) pass/sell the account or outstanding balance to any third party.
4) register any information in respect of the account with any of the credit reference agencies.
Should you ignore any of the above I reserve the right for legal action for redress, and will show the court this letter. I will also report your actions to any authority that I see fit.
I look forward to hearing from you in due course.
Yours faithfully
TANZARELLI
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Also DM Ltd registered addy is on the letters I had from them in small print. This is where I am sending this letter to 12 Hope Street Edinburgh. There was no postcode so I used royal mail to find it and it came up as:
Davidson Chalmers L L P
12-16
Hope Street
EDINBURGH
EH2 4DB
So did a google on Davidson Chalmers L L P and came up with:
http://www.chambersandpartners.co.uk/uk ... 9&solbar=1
http://www.davidsonchalmers.com/index.a ... id=1&cnt=1
Just for info.
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18th July 2008
I had the following letter form Debt Manager Ltd today:
15TH July 2008
Mr TANZARELLI,
NOTICE OF PROCEEDING – PURSUANT TO THE COUNTY COURTS ACT, 1984:
Despite our earlier correspondence relating to your debt due to Npower Ltd in the sum of £80.21 in relation to Debt Managers Reference: 44748*** we have not received payment in respect of this debt.
We therefore give notice pursuant to the County Courts Act, 1984, that proceedings to recover this debt, together with Solicitors fees and costs will be instigated immediately in Rotherham County Court.
Details of any judgements obtained in relation to this debt may be supplied to credit referencing organisations and may impede your ability to obtain credit in the future.
Should you wish to avoid this action IMMEDIATE payment of the full outstanding sum of £80.21 should be made payable to Debt Managers Limited and sent to the above address. The reference number 44748*** should be quoted in all correspondence.
Should you have any queries relating to this matter or alternative method of payment, telephone our Recoveries Department on 01709 758494
Client reference : 48647***
…………………………………………………………………………………………………………..
Well now I’m brewing for chat with them so sorted my daughter out a drink stuck on cbeebies and rang them up.
The women I spoke to asked me to confirm the account number then asked for my name which I gave her. She then wanted my DOB to which I said nope your not having that you don’t need it. She said its just to confirm you arm r TANZARELLI to which I said well I am. She said are you the only Mr TANZARELLI at that address and even used my first name (LMFAO no there are two of us here, me and my split personality FFS), yes I am I replied (we have a right one here I thought lol).
She went on to ask if I was calling to make a payment (as if their scary letter had made me have bowl movement and I had decided they had won because of there big scary bold letters and threats), no I said and just paused to wait for her reaction……er……………….so why are you calling? She asked. I explained again that this account was still in dispute asked if she had not received my letter which I had sent to their registered office 12 Hope Street, Edinburgh. No we have not she replied. Well that’s strange because it was sent on 12th July. She said did you send it to PO Box 168, 4 Jamaica Street Edinburgh? No I sent it to your registered office at 12 Hope Street. She said well you should of sent it here. I asked why, is this because there are no people staffing the registered office? She replied well its all inputted onto the system here that’s all. I said well I can send a copy for her info but it will only be 1st class post due to the fact it’s a PO Box and I wouldn’t get a signature so it’s a waste of a £1.
I stated to her that it also contained a CPR request, which requires them to send certain info to me and that if they don’t I would not be on an equal footing and therefore this could be frowned upon by the court.
I then went on to tell her that I had complained to Energywatch who acknowledged my complaint on 30th June and who had written to Npower and requested that they contact me to discuss my complaint. I told her that Npower had agreed to reduce the debt by £40 but I had refused their pathetic offer as I don’t agree to the debt. I then said they had not issued me with a written final response so as far as I am concerned the account remains in dispute. I explained that I had told Npower that I had was going to now take this to the Energy Ombudsman and that funnily enough they had sent me a letter today also asking for more info.
Therefore they should seriously consider holding off any further attempts at enforcement until this matter had been fully resolved.
I then thought I would have some fun so asked her the following:
Do you own this debt? No we don’t.
Are you a Solicitor? No we are a DCA.
So you don’t own the debt and your not a registered firm of solicitors? No we are working on behalf of Npower.
Has this debt been assigned to you? Er we are acting on behalf of Npower.
Well why do you think you can take me to court then if you don’t own the debt and you’re not a firm of solicitors? Also why have you sent me this pathetic letter? Do you think that a letter like this is going to make me pay you, because it will take more than that others may be intimidated by letters like this but I am not.
She said I don’t see what your point is.
I replied, well I suggest you read the OFT’s guidance on debt collection and withhold any further attempts at enforcement until this matter is fully resolved. I then said, here is what I am going to do. I will send copies of my previous letters to you at your PO Box address, I suggest you keep your eyes open for it and take heed of its contents.
I then said I would be in contact with Npower for written confirmation of their final response.
I also then asked her to update her computer screen with this new information and that I didn’t expect any further correspondence from them unless it was to apologise for the fact they were in the wrong.
Muppets
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Well thats where I am at with this one.
Recently switched from npower to British Gas and at the time was on a pre payment meter with a card meaning if there was no prepaid credit on meter for gas or electric we had to purchase more or use the £5 emegency credit which was repaid when next top etc.
When we switched British Gas were to supply a meter reading to npower to end the account. British Gas sent them an estimated reading which was wrong and this meant that npower say we owe them £80.21 LMFAO a physical imposibility as we were on a pre-payment meter FFS or so I thought. The account has now been passed onto Debt Managers Ltd.
I contacted npower on around 15th May following one of their threat letters and told them I owed the jack and even gave them the correct meter reading at the time an they said they needed it from British Gas so when they recieved it from them they would amend the account details.
Just phoned npower and said I dipute this debt as I paid up front for electricity and when this was used up either used emergency credit (£5) or paid for more elcetricity using the smartcard. If emergency credit was used it was collected back from the money put onto card.
They resonded by saying among other things "we have had problems with meters not charging correctly and this meant units were charged wrongly. We will investigate this and put a hold on the account which will recall the account from the Debt Collection Agency and it will be returned to us here."
My response to this was "well if the equipment you were using was sub-standard and didn't work properly they thats not my fault and I suggest you sort out your problems with your equipment. I am not paying for your mistakes that the whole point of a pre-payment meter isn't it?"
She then said that "npower is now switching meters to newer better meters."
I told her to little too late as far as I am concerned. I am going to be contacting energywatch http://www.energywatch.org.uk and make a formal complaint about this. After loosing my rag with her for a bit I told her "I hope your recording the telephone conversation as I will be requesting it under the DPA and will be sending you a Subject Access Request.
------------------------------- merged -------------------------------
28th June 2008
Just done an online complaint with energywatch
------------------------------- merged -------------------------------
30th June 2008
Energywatch letter recieved as a word doc attachment via email today:
30 June 2008 Ref: 1679195 / Mark Allen
Dear Mr TANZARELLI
Thank you for details of the problems you have experienced with npower.
I have written to the company asking them to investigate your complaint and to contact you direct in order to resolve the issue. I have asked that they do so within ten working days.
As part of the proposals to modify complaint handling in the energy industry, the Energy Ombudsman (EO) has been set up to resolve outstanding disputes. Providing you have progressed the matter through the energy supplier’s complaints process, you can submit your complaint direct to the EO, which is a free and independent service to all consumers.
I should add that the EO has the authority to determine the resolution to your complaint, which would be binding on the energy supplier. Furthermore the energy supplier would be required to respond to the EO within a prescribed timeframe that would ensure you receive a timely outcome to your complaint.
Should you fail to receive a satisfactory response from your supplier within the next ten working days I suggest that the next course of action is for you to take your complaint direct to the EO who can investigate it for you.
There are a number of ways that you can take your complaint to the EO:
By post to:
Energy Ombudsman
PO Box 966
Warrington
WA4 9DF
Or by (see overleaf):
Telephone: 0845 055 0760 or 01925 530263
Fax: 0845 055 0765 or 01925 530264
Textphone: 180010845 051 1513 or 18001 01925 430886
email: enquiries@energy-ombudsman.org.uk
Website: http://www.energy-ombudsman.org.uk
The Ombudsman will check to see that your complaint falls within its jurisdiction and will write to you confirming this, and seek your permission to independently investigate your complaint.
However, please let me know if you feel I can be of any further assistance.
Yours sincerely
Mark Allen Ext 519
Consumer Adviser
0845 906 0708
southern.enquiries@energywatch.org.uk
------------------------------- merged -------------------------------
30th June 2008
Right as an update. Online form done saturday and energywatch reply emailed to me today. Partner had a call from Npower this evening when I was at work and the women gave my OH a freephone number for me to call them back 08003161492 as well as an extention number.
Well that didn't take long did it following energywatch involvement. Not had chance to ring them yet will do it in the morning.
------------------------------- merged -------------------------------
1st July 2008
Just had a call from npower who offered to knock £40 off the outstanding bill (their fault) of £80.21 leaving a balance of £40.21 to pay.
Had another deep debate about htis with their complaints dept and said I was still not happy and so will now be refering the matter to the EO (Energy Ombudsman).
I am not backing down on this as its their fault for nt having adequate equipment in place which they have admitted was faulty on two sperate occassions now.
Grrrrrr
------------------------------- merged -------------------------------
12th July 2008
Right had another letter from Debt Managers Ltd re this npower mistake which I am refusing to pay. I had not got around to complaining to the Energy Ombudsman until I recieved the new letter from DM. They are still asking for the full amount of £80.21 even though npower had offered to reduce the debt by £40. Thi soffer was however not accepted by myself and npower were told that I would be contacting the EO.
As far as I am concerned the account is still in dispute and so I today filed a complaint with the EO and have a reference number for this complaint.
I have knocked up the following letter to DM to get them to back off until we have an outcome from the EO. It reads:
Debt Managers Ltd
12 Hope Street,
Edinburgh
EH24DB
12th July 2008
Re: Npower Ltd
Your Client Reference: 486479**
Your Ref: 44748***
Dear Sirs,
Thank you for you letter of 7 July 2008 the contents of which have been duly noted.
As you will be fully aware from my previous telephone conversations to yourselves and that due to the fact that Npower also put a freeze on the account until this matter was resolved, I fully dispute the amount owed.
On the 28th June 2008 I complained to Energywatch who acknowledged my complaint on 30th June 2008 stating that they were writing to Npower to ask them to investigate. On 1st July I had a phone call from Npower who offered to reduce the debt by £40 leaving £40.21 allegedly still owing. As you will no doubt have been informed I have declined their pathetic offer and will now only be happy if the debt is totally wiped and that I am reimbursed for the actual losses I have suffered as a direct result of Npowers’ incompetence. At the end of this telephone conversation I informed Npower that I was still not happy and that I would now be forwarding my complaint to the Energy Ombudsman, which is my right, therefore today I have lodged an online complaint with the Energy Ombudsman.
I do not expect to receive any further correspondence from you in regards to this matter unless you wish to apologise for mistakenly believing that you can collect a debt when it is being disputed. I suggest you re-read the following guidance from the Office of Fair Trading (OFT) as you are now in breach of the OFT664 Debt Collection Guidance (July 2003).
In this guidance it states:
False representation of authority and/or legal position
2.3 Those contacting debtors must not be deceitful by misrepresenting their authority and/or the correct legal position.
2.4 Examples of unfair practices are as follows:
a. falsely implying or claiming authority,
b. falsely implying or stating that action can or will be taken when it legally
cannot,
Physical/psychological harassment
2.6 Examples of unfair practices are as follows:
h. ignoring and/or disregarding claims that debts have been settled or are
disputed and continuing to make unjustified demands for payment
Deceptive and/or unfair methods
2.8 Examples of unfair practices are as follows:
i. failing to investigate and/or provide details as appropriate, when a debt is
queried or disputed, possibly resulting in debtors being wrongly pursued
k. not ceasing collection activity whilst investigating a reasonably queried or
disputed debt.
In addition to this I believe Npower is also in breach of:
2.8 (2)
f. passing on debtor details to debt management companies without the
debtors' informed prior consent.
I must make you fully aware that any legal action you choose to take will be both vigorously defended and may even result in a counterclaim for damages as your client has already admitted to this being a mistake.
May I also point out that I have also requested from Npower a breakdown of this alleged debt which they have not provided me with. Please note that this breakdown needs to be in an understandable format as may be needed for any defence and or counterclaim I may consider.
Please now also see the attached CPR request and give this your full attention as you have now threatened legal action.
I trust this clarifies my position.
TANZARELLI
------------------------------- merged -------------------------------
Sent with this:
Debt Managers Ltd
12 Hope Street,
Edinburgh
EH24DB
12th July 2008
WARNING:
THIS IS A REQUEST UNDER THE CIVIL PROCEDURE RULES.
PLEASE DO NOT IGNORE.
Client: Npower Ltd
Client Ref: 486479**
Your Ref: 44748***
Alleged Amount Due: £80.21
In your recent letter dated of 7 July 2008 you have indicated that "your failure to respond to previous letters has resulted in your account being passed to this department for Court Action and our Solicitors may prepare Court Papers within seven days." should I not respond to your letter and pay the alleged debt which I must point out I do not acknowledge in any way to your company.
Should you not take the sensible option and abide by my instructions as outlined in my other enclosed communications, then your notice will be drawn to this part.
Given that this matter is now subject to a potential legal proceeding, you are obliged to provide, under the Civil Procedures Rules, information to ensure that all parties are on an equal footing, and also to ensure the claim is dealt with expediently and fairly, avoiding an unnecessary burden to the court's resources.
Under the Pre-action Practice Directions - Protocols 4.6 of the Civil Procedures Rules, I request that you supply copies of the following documents:
1) A true copy of any contract with your client and any terms and conditions that applied to the account at the time this alleged debt arose and at the time the account was opened.
2) All records Debt Managers Ltd hold on me relevant to this case, including but not limited to;
a) Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations.
3) All records your client Npower Ltd hold on me relevant to this case, including but not limited to;
a) A transcript of all transactions relating to the pre payment meter which was in place at my address during the time I was with Npower Ltd, including any service charges, fees, payments and credits which I made to the account and a breakdown in an understandable format of how the electricity was charged to the meter,
b) Information as to how the alleged debt has arisen and copies of any letters that were sent to me informing me that there was a problem with the account and that the equipment was making mistakes,
c) Copies of account statements that were sent to me by Npower Ltd for the entire duration of the account,
d) Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations.
e) True copies of any notice of assignment and/or default notice or enforcement notice that you sent to me or that the original creditor sent to me with a copy of any proof of postage that you hold.
f) Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.
g) A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998.
h) A list of third party agencies to which you or your client have disclosed my personal data and a summary of the nature of the information you have disclosed.
This information is required within the next fourteen days.
I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to deny me the opportunity to review my position in relation to your claim of alleged money owed and any possible counter-claim.
Please note that, as you have initiated this action, failure to respond to this letter will place this account further into a clear legal dispute and as such you may not:
1) demand any payment on the account, nor am I obliged to offer any payment to you.
2) add any further interest or charges to the account.
3) pass/sell the account or outstanding balance to any third party.
4) register any information in respect of the account with any of the credit reference agencies.
Should you ignore any of the above I reserve the right for legal action for redress, and will show the court this letter. I will also report your actions to any authority that I see fit.
I look forward to hearing from you in due course.
Yours faithfully
TANZARELLI
------------------------------- merged -------------------------------
Also DM Ltd registered addy is on the letters I had from them in small print. This is where I am sending this letter to 12 Hope Street Edinburgh. There was no postcode so I used royal mail to find it and it came up as:
Davidson Chalmers L L P
12-16
Hope Street
EDINBURGH
EH2 4DB
So did a google on Davidson Chalmers L L P and came up with:
http://www.chambersandpartners.co.uk/uk ... 9&solbar=1
http://www.davidsonchalmers.com/index.a ... id=1&cnt=1
Just for info.
------------------------------- merged -------------------------------
18th July 2008
I had the following letter form Debt Manager Ltd today:
15TH July 2008
Mr TANZARELLI,
NOTICE OF PROCEEDING – PURSUANT TO THE COUNTY COURTS ACT, 1984:
Despite our earlier correspondence relating to your debt due to Npower Ltd in the sum of £80.21 in relation to Debt Managers Reference: 44748*** we have not received payment in respect of this debt.
We therefore give notice pursuant to the County Courts Act, 1984, that proceedings to recover this debt, together with Solicitors fees and costs will be instigated immediately in Rotherham County Court.
Details of any judgements obtained in relation to this debt may be supplied to credit referencing organisations and may impede your ability to obtain credit in the future.
Should you wish to avoid this action IMMEDIATE payment of the full outstanding sum of £80.21 should be made payable to Debt Managers Limited and sent to the above address. The reference number 44748*** should be quoted in all correspondence.
Should you have any queries relating to this matter or alternative method of payment, telephone our Recoveries Department on 01709 758494
Client reference : 48647***
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Well now I’m brewing for chat with them so sorted my daughter out a drink stuck on cbeebies and rang them up.
The women I spoke to asked me to confirm the account number then asked for my name which I gave her. She then wanted my DOB to which I said nope your not having that you don’t need it. She said its just to confirm you arm r TANZARELLI to which I said well I am. She said are you the only Mr TANZARELLI at that address and even used my first name (LMFAO no there are two of us here, me and my split personality FFS), yes I am I replied (we have a right one here I thought lol).
She went on to ask if I was calling to make a payment (as if their scary letter had made me have bowl movement and I had decided they had won because of there big scary bold letters and threats), no I said and just paused to wait for her reaction……er……………….so why are you calling? She asked. I explained again that this account was still in dispute asked if she had not received my letter which I had sent to their registered office 12 Hope Street, Edinburgh. No we have not she replied. Well that’s strange because it was sent on 12th July. She said did you send it to PO Box 168, 4 Jamaica Street Edinburgh? No I sent it to your registered office at 12 Hope Street. She said well you should of sent it here. I asked why, is this because there are no people staffing the registered office? She replied well its all inputted onto the system here that’s all. I said well I can send a copy for her info but it will only be 1st class post due to the fact it’s a PO Box and I wouldn’t get a signature so it’s a waste of a £1.
I stated to her that it also contained a CPR request, which requires them to send certain info to me and that if they don’t I would not be on an equal footing and therefore this could be frowned upon by the court.
I then went on to tell her that I had complained to Energywatch who acknowledged my complaint on 30th June and who had written to Npower and requested that they contact me to discuss my complaint. I told her that Npower had agreed to reduce the debt by £40 but I had refused their pathetic offer as I don’t agree to the debt. I then said they had not issued me with a written final response so as far as I am concerned the account remains in dispute. I explained that I had told Npower that I had was going to now take this to the Energy Ombudsman and that funnily enough they had sent me a letter today also asking for more info.
Therefore they should seriously consider holding off any further attempts at enforcement until this matter had been fully resolved.
I then thought I would have some fun so asked her the following:
Do you own this debt? No we don’t.
Are you a Solicitor? No we are a DCA.
So you don’t own the debt and your not a registered firm of solicitors? No we are working on behalf of Npower.
Has this debt been assigned to you? Er we are acting on behalf of Npower.
Well why do you think you can take me to court then if you don’t own the debt and you’re not a firm of solicitors? Also why have you sent me this pathetic letter? Do you think that a letter like this is going to make me pay you, because it will take more than that others may be intimidated by letters like this but I am not.
She said I don’t see what your point is.
I replied, well I suggest you read the OFT’s guidance on debt collection and withhold any further attempts at enforcement until this matter is fully resolved. I then said, here is what I am going to do. I will send copies of my previous letters to you at your PO Box address, I suggest you keep your eyes open for it and take heed of its contents.
I then said I would be in contact with Npower for written confirmation of their final response.
I also then asked her to update her computer screen with this new information and that I didn’t expect any further correspondence from them unless it was to apologise for the fact they were in the wrong.
Muppets
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Well thats where I am at with this one.
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